Engaging LBIO in Delft: Step by Step Securing Your Maintenance Rights
For residents of Delft, the LBIO (National Bureau for the Collection of Maintenance Contributions), part of the CJIB, provides professional assistance in collecting child or partner maintenance if your ex-partner fails to pay. As a Delft resident, you can count on effective enforcement following a ruling from the District Court of The Hague. This article offers a practical step-by-step guide with local tips, including advice from the Legal Aid Office Delft.
What is LBIO and When to Engage It as a Delft Resident?
The LBIO specifically assists with enforced collection of maintenance in family law cases, such as after a divorce. Engage them in cases of non-payment, despite a judgment from the District Court of The Hague or a settlement agreement. In the Delft region, where divorces often coincide with high living costs, this is crucial: CJIB statistics show that around 20% of maintenance cases require enforced collection.
Legal Basis for Delft Residents
The LBIO Act of 21 April 2005 governs its powers, based on Civil Code arts. 1:404-1:407 for child maintenance and art. 1:157 Civil Code for partner maintenance. Under art. 430 Code of Civil Procedure, the LBIO can directly levy attachments, such as on wages or bank accounts, without additional steps at the District Court of The Hague. The Legal Aid Office Delft (Stationsplein 36) offers free information on this.
Procedure for Engaging LBIO as a Delft Resident
Follow this local step-by-step guide, with support from the Municipality of Delft for basic documents:
- Gather documents: Court ruling from the District Court of The Hague or notarized settlement agreement specifying the maintenance amount.
- Submit enforcement request: Online or by mail to LBIO, including debtor's details, outstanding amount, and proof (bank statements). The Legal Aid Office Delft can help draft it.
- Await assessment: Review within weeks; LBIO contacts the debtor for a payment arrangement.
- Initiate collection: If no payment, enforcement follows; you receive the amount minus 5-10% costs.
- Track progress: Via LBIO portal or by phone for updates.
The process takes 3-6 months. For urgent cases in Delft (e.g., rent pressure via Municipality of Delft), request interim relief from the District Court of The Hague.
Real-Life Examples from Delft
Example: A single parent in central Delft stops receiving €450 child maintenance. After LBIO request, they attach wages at a local employer, collecting €1,350 arrears within two months.
Partner maintenance: Ex refuses €550/month. LBIO attaches savings account; funds deposited directly. Without LBIO, a bailiff in Delft would cost more. These cases highlight LBIO's value in Delft's family law context.
Rights and Obligations with LBIO in Delft
Recipients are entitled to prompt collection and information; LBIO protects against excesses. Report changes (e.g., via Municipality of Delft). The payer must pay but may object at the District Court of The Hague.
| Aspect | Recipient Rights | Payer Obligations |
|---|---|---|
| Payment | Receipt within 30 days | Comply immediately |
| Attachment | Protection against excesses | Do not conceal assets |
| Objection | Legal aid via Legal Aid Office | Motivate objection within 6 weeks |
FAQs for Delft Residents
Can I engage LBIO without a District Court of The Hague ruling?
No, a ruling or settlement agreement is required. Start at Legal Aid Office Delft or District Court of The Hague.
How quickly do I get money after engaging LBIO?
First collection in 1-3 months; arrears prioritized. Urgent cases: interim relief at District Court of The Hague.